Holland v. Bradley

The plea of res judicata should not prevail. Jurisdiction of the probate court goes only to a determination of whether there was, or was not, a will.

Whether a trust ex maleficio arises is a question of equitable cognizance, not within probate jurisdiction. Therefore, it is not an issue previously submitted to a tribunal having power of disposal.

In the instant case it is merely a circumstance that the trust interests contended for are equal in value to the estate the heirs would have taken had their uncle died intestate . But suppose the trust had directed paynient of one-half to A,…